Richard Hammond, age 44, was killed Sunday while walking along Dixie Highway. His death came after he was struck by an automobile around 9:00 p.m. while he was a pedestrian. This pedestrian auto accident occurred on the 12000 block of Dixie Highway. The Police have not charged the driver of the vehicle that struck Richard Hammond with any criminal charges. Until such time as the Police finish their investigation, it is only right, in consideration of both families involved in this tragedy, to presume that this was a tragedy related to negligence rather than intention or grossly reckless conduct.

Even if criminal charges are not filed and there is not grossly reckless conduct found, the family of Richard Hammond and his Estate will have a Kentucky wrongful death claim against the driver of the vehicle that struck him. Mr. Hammond had the legal right to be walking along Dixie Highway, and motorists have a duty to be mindful of pedestrians. At this point it becomes an examination of who did what leading up to the accident, and thus who bears what percentage of fault for this accident.
The Hammond family will need to set up an Estate on behalf of Richard and from there they will be in position to seek legal compensation for the loss of Richard Hammond’s life. In pedestrian related accidents, both sides attempt to point fault at the other side to claim that such party is the negligent cause of the accident. In Kentucky, an accident’s cause can be apportioned when it comes to fault, and therefore defendants and their insurance companies attempt to push as much fault to the injured or deceased as possible to limit the financial exposure for pedestrian accidents and deaths.

The Ackerson Law Offices are very familiar with the tactics of defense lawyers and insurance companies when it comes to their attempts to apportion fault. In a case where a 44 year old is killed, the legal damages that are recoverable by the decedent’s Estate can be very large based upon the lifetime of lost wages. Because of such, you can most assuredly expect the driver’s insurance company and their lawyers to argue fault and attempt to limit the defendant’s financial exposure related to this accident.